The state of Texas is suing a doctor in New York for prescribing abortion medication to a Texas woman via telemedicine, accusing her of violating Texas’ abortion laws.
The lawsuit is the first to push for a test of the conflicts between various states’ laws.
Texas Attorney General Ken Paxton filed the suit against Dr. Margaret Carpenter for allegedly providing abortion-inducing drugs to a Collin County woman.
According to the suit, the woman, a 20-year-old, used the medications mifepristone and misoprostol to attempt to end her pregnancy. The biological father learned of her pregnancy when she experienced bleeding after taking the medication and he took her to a hospital.
Texas has a near-total abortion ban, and it is illegal to ship abortion medication by mail in the state. But New York is among the states that have passed “shield laws” aimed at protecting providers who prescribe abortion pills to patients in other states where abortion may not be legal.
Carpenter is a co-founder of the Abortion Coalition for Telemedicine, a group that supports efforts to prescribe abortion medication from states with shield laws in place. She also works for Aid Access and Hey Jane, two other telemedicine services that specialize in abortion care.
Paxton said Carpenter is not licensed to practice medicine in Texas and is asking a Collin County district court to order a temporary halt to Dr. Carpenter's ability to prescribe abortion medication to Texas patients until a trial can be held — and eventually a permanent injunction following a trial. He is also asking for Carpenter to be fined $100,000 for “any and every” violation of Texas law.
New York Governor Kathy Hochul responded to the lawsuit Friday night, stating that doctors shouldn't be punished for providing health care.
"As Texas attempts to limit women's rights, I'm committed to maintaining New York's status as a safe harbor for all who seek abortion care, and protecting the reproductive freedom of all New Yorkers," she said in a statement. "Make no mistake: I will do everything in my power to enforce the laws of New York State."
The Abortion Coalition for Telemedicine criticized Paxton's lawsuit as an attempt "to shut down telemedicine abortion nationwide."
"Since Roe v. Wade was overturned, we have seen attempts to further impede and erode a person’s right to make decisions about their own bodies," a representative for the group wrote. "Shield laws are essential in safeguarding and enabling abortion care regardless of a patient’s zip code or ability to pay. They are fundamental to ensuring everyone can access reproductive health care as a human right."
Several anti-abortion groups praised the lawsuit, including SBA Pro-Life America.
"We hope [Paxton's] example will embolden other pro-life leaders and begin the undoing of the mail-order abortion drug racket," said Katie Daniel, director of legal affairs for SBA Pro-Life America, in a statement.
